Legal Question in Medical Malpractice in Florida

Re: malpractice

These are extremely difficult cases. Your first step wouyld be to go to a good plastic surgeon who can evaluate your condition and determine whether the first doctor was negligent and whether there is a surgical "fix."

Re: malpractice

Merely being unhappy with a result does not necessarily mean that your surgeon was negligent. I suspect that if you look at the consent that you signed for your procedure the outcome you experienced is listed as a risk of the procedure. In a case such as yours, if you were to pursue a legal claim against your surgeon you would need to prove that your surgeon failed to follow the standard of care and that as a result of that failure you were damaged. Normally in elective surgical procedures such as breast surgery no specific result is guaranteed. Once a revision surgery is performed it becomes increasingly difficult to get the result that you desire. If you are not happy with this surgeon I would cetainly not advocate going back to him. I would go to see another surgeon. Lastly, in terms of any legal remedy that you may have in Florida, you are bound by a 2 year limitation period from the time that you knew or reasonably should have known that a negligent act took place. You can extend that time period by filing a paper with the clerk in the county where the surgery took place. You could not have known earlier than the time that the first surgery took place, but I would not wait to take action - you should act immediately to protect the September 2005 date of the first surgery.